Leading regional law firm Higgs & Sons’ specialist healthcare team has advised one of the region’s leading care home providers on the purchase of three new care homes together with a £9 million refinancing of its business.
The MY Care Group, spearheaded by Paul Hearn, acquired the homes for an undisclosed sum, expanding its portfolio to seven homes across Derbyshire and Nottinghamshire. MY Care is an established provider of high quality care services, with each of its homes holding a two star "good" rating with the Care Quality Commission.
Geoff Kettle, an associate in Higgs’ corporate department, led the deal team, which advised MY Care on its purchase of Ruddington Homes Limited which owned the care homes based in Nottinghamshire. The Higgs team included specialist corporate tax, property, employment and banking lawyers.
Geoff said: "It was great to work with Paul on this acquisition. He has a great business and a commitment to providing excellent services for his residents and we are delighted to help them with their growth.”
A key partner in the healthcare team, Susheel Gupta, said: "Our specialist team has many years’ experience and is equipped to handle every aspect of healthcare work, from corporate acquisitions and disposals, to tax issues, property, employment, and financing matters. Our aim is to always provide our clients with a seamless service and to make the legal process as simple as possible for them.”
Paul Hearn, managing director of MY Care said: “Higgs worked closely alongside my own team on this acquisition and refinancing and I am looking forward to working with them again in the future. MY Care has doubled its size in the East Midlands this year and with another acquisition lined up, will continue to look at new opportunities to expand its operations.”
To find out how the healthcare team can support your business, contact Susheel directly on 0845 111 5050 or email susheel.gupta@higgsandsons.co.uk.
Monday, 29 November 2010
Thursday, 25 November 2010
Clearer skies ahead for holidays and sick pay law?
Two recent tribunal decisions could pave the way for a clearer view on holidays and sick pay, says a leading employment lawyer.
Tim Jones, head of employment law at Higgs & Sons, says that the cases of Khan v Martin McColl and Souter v Royal College of Nursing are both helping to clarify the matter for employers across the region.
“Since the House of Lords gave its decision in the case of Stringer, employment lawyers have been arguing over the consequences of that judgment in day to day employment terms,” says Tim.
“In the Stringer case, the House of Lords made clear that an employee on long term sickness absence who had exhausted their contractual and statutory sick pay, did accrue statutory holiday and should be allowed to take it.
“However, what was unclear from the House of Lords was whether the unused holiday entitlement could be carried over and used in subsequent years. The European Court of Justice in its judgment had made clear that its view was that workers accrued four weeks paid holiday whilst on sick leave and should be allowed to take this when they return to work even if their return to work was in the following leave year.”
The case of Khan v Martin McColl highlights that employers may be able to avoid paying accrued holiday pay for a previous year if they act promptly enough.
Tim explains: “Mr Khan started his long term sick leave in May 2008 and did not return to work before he resigned in August 2009. The company made payment of the accrued holiday for 2009 but did not make a payment in lieu for the holiday that had accrued in 2007/2008.
“Mr Khan brought a claim but failed. The Tribunal held that by making the payment of the accrued holiday pay for 2009, this broke the series of deductions. They went further and said that in their view the decision in Stringer provided that employees could only carry over holiday when they had been refused the right to take it. As Mr Khan had not asked to take holiday in 2008 he had therefore not been denied the right and accordingly there was no right to carry over.”
Since the decision in Khan there has also been a decision of the Edinburgh Employment Tribunal in Souter v Royal College of Nursing Scotland. In this case, Mrs Souter held an administrative job with Royal College of Nursing until she retired on the 21 April 2010. She had been on long term sick leave from 7 November 2001 and had been in receipt of permanent health insurance from 7 November 2002. Upon retirement the Royal College of Nursing paid Mrs Souter her accrued holiday for the leave year 1 January 2010 to 21 April 2010. In May 2010, Mrs Souter brought an unlawful deduction action against the Royal College of Nursing seeking compensation for statutory holiday pay in respect of the whole period of her sickness absence. The Edinburgh Tribunal rejected her claim saying that the claim was out of time, that as she had neither sought to take holiday when she was off sick, nor had she been prevented from taking holiday there was no right for untaken leave to carry over, and furthermore that her entitlement to holiday pay would have been at her permanent health insurance rate, not her working salary rate and therefore she had suffered no financial loss.
Tim believes that these two cases now give employers some degree of clarity and hope in what has otherwise been an area of some confusion. “Although it should be recognised that both the cases are Tribunal decisions only and therefore not binding on other tribunals or higher courts, they do give some important guidance to employers and their lawyers.”
For help with your employment law matters, contact Tim Jones directly on 0845 111 5050.
Tim Jones, head of employment law at Higgs & Sons, says that the cases of Khan v Martin McColl and Souter v Royal College of Nursing are both helping to clarify the matter for employers across the region.
“Since the House of Lords gave its decision in the case of Stringer, employment lawyers have been arguing over the consequences of that judgment in day to day employment terms,” says Tim.
“In the Stringer case, the House of Lords made clear that an employee on long term sickness absence who had exhausted their contractual and statutory sick pay, did accrue statutory holiday and should be allowed to take it.
“However, what was unclear from the House of Lords was whether the unused holiday entitlement could be carried over and used in subsequent years. The European Court of Justice in its judgment had made clear that its view was that workers accrued four weeks paid holiday whilst on sick leave and should be allowed to take this when they return to work even if their return to work was in the following leave year.”
The case of Khan v Martin McColl highlights that employers may be able to avoid paying accrued holiday pay for a previous year if they act promptly enough.
Tim explains: “Mr Khan started his long term sick leave in May 2008 and did not return to work before he resigned in August 2009. The company made payment of the accrued holiday for 2009 but did not make a payment in lieu for the holiday that had accrued in 2007/2008.
“Mr Khan brought a claim but failed. The Tribunal held that by making the payment of the accrued holiday pay for 2009, this broke the series of deductions. They went further and said that in their view the decision in Stringer provided that employees could only carry over holiday when they had been refused the right to take it. As Mr Khan had not asked to take holiday in 2008 he had therefore not been denied the right and accordingly there was no right to carry over.”
Since the decision in Khan there has also been a decision of the Edinburgh Employment Tribunal in Souter v Royal College of Nursing Scotland. In this case, Mrs Souter held an administrative job with Royal College of Nursing until she retired on the 21 April 2010. She had been on long term sick leave from 7 November 2001 and had been in receipt of permanent health insurance from 7 November 2002. Upon retirement the Royal College of Nursing paid Mrs Souter her accrued holiday for the leave year 1 January 2010 to 21 April 2010. In May 2010, Mrs Souter brought an unlawful deduction action against the Royal College of Nursing seeking compensation for statutory holiday pay in respect of the whole period of her sickness absence. The Edinburgh Tribunal rejected her claim saying that the claim was out of time, that as she had neither sought to take holiday when she was off sick, nor had she been prevented from taking holiday there was no right for untaken leave to carry over, and furthermore that her entitlement to holiday pay would have been at her permanent health insurance rate, not her working salary rate and therefore she had suffered no financial loss.
Tim believes that these two cases now give employers some degree of clarity and hope in what has otherwise been an area of some confusion. “Although it should be recognised that both the cases are Tribunal decisions only and therefore not binding on other tribunals or higher courts, they do give some important guidance to employers and their lawyers.”
For help with your employment law matters, contact Tim Jones directly on 0845 111 5050.
Wednesday, 24 November 2010
FESTIVE OPENING FOR £500,000 BUSINESS
Families were treated to a festive wonderland experience over the weekend to mark the official opening of a new £500,000 van centre.Imperial Commercials Volkswagen Van Centre in Stoke-on-Trent transformed its forecourt into a hive of wintery attractions including a 12 square metre ice rink, falconry display and over 20 Christmas market stalls.
The company has invested heavily in the state-of-the-art showroom, forecourt and 24-hour workshop and wanted to make its launch a memorable event for customers and their families.
Guests were also entertained by live band, Crysis, and a vintage vehicle display as they enjoyed mince pies and browsed the market stalls for Christmas gift ideas.
The younger generations got to grips with the bouncy castle, ice rink and penguin ice scooter, with some going home with their faces painted and temporary glitter tattoos.
Imperial Commercials, Executive Director, Geoff Haspell, said: “We are delighted with the success of the day.
“We wanted to make the opening a special family affair and given the time of the year we felt the wintery and festive attractions would add to the day’s enjoyment,”
“The investment and recent celebrations confirms our commitment to businesses and van operators in the area and “the introduction of the Volkswagen brand enables Imperial Commercials to enter new markets, where we are looking forward to meeting and working with new light commercial vehicle customers ” concluded Geoff.
The four acre site on Leek New Road has undergone a complete refurbishment to accommodate the new Volkswagen Van Centre. It sits alongside its existing DAF truck dealership, strengthening the commercial vehicle specialist’s presence in the area.
Imperial Commercials is the UK’s largest Independent Commercial Vehicle Dealer Group. It supplies both new and used trucks and vans including servicing and parts from its extensive network of franchises including Volkswagen Commercial Vehicles, DAF Trucks, Ford Commercials, FIAT Professional, MAN Trucks, Renault Trucks, Nissan Commercial Vehicles, ISUZU Trucks and HINO Trucks.
For further information contact Sue Foster on 01902 714957 or email sue@connect-group.com.
Tuesday, 23 November 2010
SWANSWAY GROUPS INVESTS MILLIONS IN MERSEYSIDE
Merseyside will soon see the return of the Volkswagen Commercial Vehicles brand to the city, after an absence of over six years.
The retailer group Swansway has invested almost £2m in a state-of-the-art van centre in Speke, bringing with it 15 new jobs.
The new centre will include a five van showroom, seven bay workshop and dedicated MOT bay.
David Cowan, Liverpool Volkswagen Van Centre’s brand manager, said: “Liverpool has been without a dedicated brand franchise for too long and we are delighted to bring Volkswagen Commercial Vehicles back to the city.
“This investment demonstrates our commitment to providing businesses and van drivers on Merseyside with an official Volkswagen facility.
The retailer group Swansway has invested almost £2m in a state-of-the-art van centre in Speke, bringing with it 15 new jobs.
Work started on the new Liverpool Volkswagen Van Centre in April, with the doors opening at the Woodend Avenue site in January.
The new centre will include a five van showroom, seven bay workshop and dedicated MOT bay.David Cowan, Liverpool Volkswagen Van Centre’s brand manager, said: “Liverpool has been without a dedicated brand franchise for too long and we are delighted to bring Volkswagen Commercial Vehicles back to the city.
“This investment demonstrates our commitment to providing businesses and van drivers on Merseyside with an official Volkswagen facility.
“The site will be one of biggest in the UK and Volkswagen Commercial Vehicles’ only stand alone site in the country with the latest corporate branding, something we’re very proud of.
“As part of the new development we’ve created 15 new jobs and with future growth expected more jobs could be generated.”
The van centre is expected to generate sales of approximately 1,250 new and used vehicles in 2011, with a targeted increase in 2012.
David added: “Previously, Volkswagen van customers in Liverpool had to travel to Wrexham, Preston or Manchester for brand-backed sales.
“The new centre will remove the need for customers to travel any distance for all their Volkswagen needs.
“We’re looking forward to welcoming new and old customers of the brand when we open in January.”
Simon Elliott, director of Volkswagen Commercial Vehicles UK, said: “Liverpool is one of the UK’s thriving cities and we’re delighted Swansway has invested in a Volkswagen franchise for the city.
“This site will be a flagship Volkswagen van centre and we’re looking forward to watching the business grow.”
Blue Works from WD-40 - Gets the job done right
Industrial engineers bust-a-gut to maintain their heavy duty machinery, but thanks to WD-40 Company, things have just become easier.Its new line of speciality maintenance products – called ‘Blue Works’ – offers industrial workers a solution for a range of repair headaches.
WD-40 – a household name
Look in any household toolbox, kitchen cupboard, garage or shed and you are almost guaranteed to find a can of WD-40. The renowned multi-purpose maintenance product is a household staple and one of Britain’s most trusted brands.
But now, WD-40 is making waves in the industrial market too, when it launches a range of specialty maintenance products that are designed to perform in the toughest industrial conditions.
Introducing Blue Works
Known as ‘Blue Works’ - the range will include: Silicone Lubricant, High-performance PTFE Lubricant, White Lithium Grease, Dry Tube PTFE Formula, Multi-purpose Lubricant, Penetrant oil, Contact Cleaner and Degreaser.
Neil Gow, Senior Brand Manager at WD-40, explains the thinking behind the new range: “We’ve been hugely successful with WD-40 – it’s a product that many people use and trust. So we aim to use our strong reputation for quality to offer a range of new high-performance products for industrial users – this is where Blue Works comes in.
“These products are designed for a very specific and specialist purposes. For instance, a product like Blue Works White Lithium Grease is designed for high pressure lubrication (up to 1,400lbs), making it an ideal product for industrial gears, guides and motor pivots.”
Neil continues to explain that other Blue Works products, such as the Contact Cleaner, have been developed to clean plastic, rubber and metal precision equipment, by quickly reducing oxides and removing dirt.
Neil added: “The Blue Works range will assist in most maintenance and repair jobs in an industrial workplace. We are confident that those responsible for maintenance, as well as engineers will be pleased with their practicality and performance.”
But when it comes to performance, don’t just take Neil’s word for it.
Proven Performance
All products in the new WD-40 Blue Works range outperformed their market competitors in key performance areas, according to multiple independent ASTM tests. And, the competitor products tested were all more expensive that Blue Works too.
This success is largely down to the extensive and in-depth testing that went into the unique industrial grade formulas in Blue Works’ products - which all contain special synthetic additives and all products are approved by the National Sanitation Foundation (NSF).
Speaking of the multiple independent ASTM tests, Neil insisted that product quality is at the heart of everything that WD-40 does: “This is the first time we’ve released a new product into the industrial marketplace – and we wouldn’t do it unless we were absolutely sure of our products’ ability to perform to the very best standards.”
The new Blue Works range will be available from all reputable industrial distributors from December. To find your nearest stockist call 01908 555400.
For more information please visit www.blueworksbrand.com
ENDS
Issued on behalf of WD-40 by Connect PR
For more information, please contact:
Kathy Hodson, Connect PR, The Chubb Building, Fryer Street, Wolverhampton WV1 1HT. Tel: 01902 714957 / 07890381725
WD-40 – a household name
Look in any household toolbox, kitchen cupboard, garage or shed and you are almost guaranteed to find a can of WD-40. The renowned multi-purpose maintenance product is a household staple and one of Britain’s most trusted brands.
But now, WD-40 is making waves in the industrial market too, when it launches a range of specialty maintenance products that are designed to perform in the toughest industrial conditions.
Introducing Blue Works
Known as ‘Blue Works’ - the range will include: Silicone Lubricant, High-performance PTFE Lubricant, White Lithium Grease, Dry Tube PTFE Formula, Multi-purpose Lubricant, Penetrant oil, Contact Cleaner and Degreaser.
Neil Gow, Senior Brand Manager at WD-40, explains the thinking behind the new range: “We’ve been hugely successful with WD-40 – it’s a product that many people use and trust. So we aim to use our strong reputation for quality to offer a range of new high-performance products for industrial users – this is where Blue Works comes in.
“These products are designed for a very specific and specialist purposes. For instance, a product like Blue Works White Lithium Grease is designed for high pressure lubrication (up to 1,400lbs), making it an ideal product for industrial gears, guides and motor pivots.”Neil continues to explain that other Blue Works products, such as the Contact Cleaner, have been developed to clean plastic, rubber and metal precision equipment, by quickly reducing oxides and removing dirt.
Neil added: “The Blue Works range will assist in most maintenance and repair jobs in an industrial workplace. We are confident that those responsible for maintenance, as well as engineers will be pleased with their practicality and performance.”
But when it comes to performance, don’t just take Neil’s word for it.
Proven Performance
All products in the new WD-40 Blue Works range outperformed their market competitors in key performance areas, according to multiple independent ASTM tests. And, the competitor products tested were all more expensive that Blue Works too.
This success is largely down to the extensive and in-depth testing that went into the unique industrial grade formulas in Blue Works’ products - which all contain special synthetic additives and all products are approved by the National Sanitation Foundation (NSF).
Speaking of the multiple independent ASTM tests, Neil insisted that product quality is at the heart of everything that WD-40 does: “This is the first time we’ve released a new product into the industrial marketplace – and we wouldn’t do it unless we were absolutely sure of our products’ ability to perform to the very best standards.”
The new Blue Works range will be available from all reputable industrial distributors from December. To find your nearest stockist call 01908 555400.
For more information please visit www.blueworksbrand.com
ENDS
Issued on behalf of WD-40 by Connect PR
For more information, please contact:
Kathy Hodson, Connect PR, The Chubb Building, Fryer Street, Wolverhampton WV1 1HT. Tel: 01902 714957 / 07890381725
Friday, 19 November 2010
UK AMONG THE 'SAFEST DRIVERS IN EU' ACCORDING TO MAJOR SURVEY
Drivers in the UK are the third safest drivers in Europe, according to a new poll by Goodyear Dunlop. Germans were voted the safest. 18% of the 3,500 drivers surveyed chose Germany when asked to nominate the country with the safest drivers in the EU, Sweden followed with 9% of the vote, and the UK came third with 6%.
The Germans and the British are also the most likely to nominate their own drivers as the safest in the EU (22% and 20%, respectively).
The UK drivers polled were more likely to require further knowledge about tyres and their role in road safety of any EU drivers surveyed. For example, seven in ten UK respondents (71%) said they would have trouble telling one type of tyre from another without assistance, 62% aren’t sure whether the tyres on their car are summer, winter or another type of tyre, and 42% know little or nothing about how different tyres can increase or decrease your grip on the road. However, the British are not alone – 75 per cent of all respondents said they would like to know more about tyres and their role in road safety.
Despite a number of specific differences depending on the country, the survey also showed some surprising consistency across Europe. After not drinking and driving, having correct tyres on the car came out as a key factor of road safety in every country, with 82% of respondents stating that ‘having tyres in good condition and properly inflated’ was ‘very important’ to their safety when driving.
Results indicate gaps in driver’s tyre knowledge and practice across Europe
Unfortunately, stating that tyres are important doesn’t necessarily mean that drivers have crucial knowledge about tyres. Or that they put this knowledge into practice. The survey results suggest that many drivers underestimate the link between tyre choice and road safety: one respondent in three admitted knowing ‘little or nothing’ of the way tyres will influence their stopping distance or impact their grip on the road. Only 39% said they were ‘very likely’ to find out which tyres have the best grip in winter conditions, 29% said the same for summer conditions. One in three EU drivers confirmed they change every year to winter tyres when it’s appropriate to do, but even of those who drive in cold, snow and ice conditions and claim to be aware of the importance of winter tyres, one in five admit they never switch.
That’s for tyre choice, how about tyre maintenance? 73% of EU respondents claim to know the appropriate tyre pressure for different driving conditions, but almost half of the people surveyed didn’t know when exactly to check tyre pressure (when the tyres are cold). And while 59% of respondents stated they regularly checked their tyre pressure, half of them admitted they might set out on a long journey without doing so. Similarly, 52% say they regularly check their tyres tread depth, but three in ten of them can’t even remember the last time they did. Moreover, more than one respondent in three admitted they continue to drive as normal on worn tyres, which tyre experts consider a major safety risk.
More ‘tyre awareness’ in order to improve road safety
“This survey on tyres & road safety reveals some of the worrying driving practices we all need to address to make our roads safer places,” said Tom Delforge, Director of Communications EMEA at Goodyear Dunlop. “It also shows a number of road safety risks that can be addressed by promoting the right tyre choice, building more awareness and encouraging better maintenance. At Goodyear Dunlop we believe that the right tyre for the right conditions in combination with the right driving behaviour can lead to a safer journey. Our survey shows three quarters of drivers would appreciate knowing more about tyres and their role in road safety, and we intend to accelerate our efforts to support this learning curve, together with all stakeholders”.
3,500 drivers were surveyed across Belgium, France, Germany, Italy, Poland, Spain and the UK.
NOTES TO EDITORS
Survey Methodology:
• The study was carried out by APCO Insight on behalf of “Goodyear Dunlop Europe” to better understand licensed drivers’ road safety awareness, beliefs and practices.
• A total of 3,500 European drivers were surveyed, 500 each for Belgium, France, Germany, Italy, Poland, Spain and the UK.
• Fieldwork was carried out from 31 August to 9 September 2010.
• Interviews were conducted online in the local language of each country. Nationally representative quotas were set on gender and age.
• Respondents had to: Have a valid driver’s license, be older than 18, and be an active driver (drive more than 1km per year).
About Goodyear Dunlop
• Goodyear has 111 years’ worth of experience in developing a vital part of any vehicle - the tyre. We believe that we have a responsibility be involved in the tyre safety debate, and we want to contribute to safer mobility.
• Goodyear Dunlop is a signatory to The European Road Safety Charter (ERSC).
• Goodyear Dunlop supported the idea of an EU Tyre Label that makes it easier for consumers to judge tyre performance from an environmental and safety perspective.
• Goodyear Dunlop has supported the mandatory introduction of the Tyre Pressure Monitoring System – an electronic system designed to monitor the air pressure inside a tyre – in all new passenger cars from 2012, and all cars from 2014
• Goodyear Dunlop also supports the idea of member states bringing in laws around winter tyres to improve road safety in winter conditions.
• Goodyear Dunlop is engaging with stakeholders to demonstrate the importance of road safety.
• Goodyear Dunlop commissioned the Goodyear Road Safety Survey 2010, in order to raise awareness of the importance of basic tyre maintenance.
EDUCATION STILL NEEDED TO IMPROVE THE SAFETY OF SCHOOL VEHICLES
A survey has revealed a large number of parents do not consider their child’s safety when it comes to travelling by bus or coach this winter.
76% of those surveyed admitted they didn’t think about the type of tyres fitted to school buses, which are frequently used for educational excursions and transportation about town. The poll of 500 parents also showed that 82% felt it was the responsibility of the school to enforce tyre checks and 26% said they didn’t know the difference between cold weather and summer tyres.
The survey was commissioned by leading tyre manufacturer Goodyear as the firm continues to promote the importance of road safety. The firm hopes that through the right education we will not see events like the Lanark Grammar School coach crash, which killed a teenage girl and injured 44 earlier this year as the vehicle lost control on icy roads in southwest Scotland.
Kate Rock, Goodyear’s pr support manager, commented: “Tyre safety is of great concern to us and at Goodyear we have an important role to play in educating society on the benefits of cold weather tyres.
“When the cold weather hits it’s imperative that tyres provide motorists with the correct grip, traction and control to tackle the difficult driving conditions. We believe that safety is a shared responsibility and that together we can put pressure on bus and coach operators to ensure that their vehicles are fitted with the right tyres to tackle the weather conditions.”
For further information and tips on how to drive safely this winter visit www.goodyear.co.uk
ENDS
News release issued on behalf of Goodyear by Connect PR
For further information call Lee Southen on 01902 714 957 or email lee@connect-group.com
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